L.USHA RANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in CC No.280/10 on the file of the Judicial First Class Magistrate-II, Thiruvananthapuram, has filed this petition, to quash the proceedings against her in the above case under Section 482 of the Code of Criminal Procedure (For short, the Code).

(2.) The petitioner is the sole accused in the above case, alleged to have committed the offence punishable under Section 504 of the Indian Penal Code. The case was taken on file on the basis of Annexure-II complaint filed by the second respondent, alleging that the petitioner had committed the offence punishable under Section 504 of the Indian Penal Code. The case of the complainant was that the present petitioner is the elder sister of his wife. His father-in-law gave 11 cents of land to the present petitioner with a building, comprised in Survey No.915 of Vanchiyoor Village in the year 1966 and the remaining 10.5 cents to his wife in the year 1970. The mother-in-law sold 485 sq.links of land out of 10.5 cents in the year 2004, but in the revenue records, the name of the mother-in-law continued in respect of the said land, notwithstanding the alienation. When the property was re- surveyed, certain discrepancies crept in the registers, which were rectified in the year 2008. The present petitioner filed a criminal complaint against the second respondent and his wife, alleging forgery and conspiracy. The allegation was that they influenced the survey and revenue officials and mutated the property purporting to have 10.5 cents, by concealing the alienation of 485 sq.links of land to one Dr.Lalitha. Thereafter, building permit and approved plan were obtained on such bogus claim over 10.5 cents and a multi-storeyed building was constructed and the same was sold in portions with undivided share over the said land to each purchaser. The complaint filed by the present petitioner against the second respondent and his wife is produced as Annexure-I. According to the complainant, the present petitioner with a view to stall the journey of the complainant, his wife and their mentally retarded daughter to U.S.A., has filed a petition before the Magistrate Court and obtained an order to seize the passports of the complainant and his wife on 17.2.2009 and the police had seized the passports and produced them before court on 25.2.2009 and they were returned to them on the next day, i.e., on 26.2.2009. It is also alleged in the complaint that the present petitioner told her friends that " ". On the basis of Annexure I complaint, which was forwarded to the police, a crime was registered as Crime No.196/09 of Fort Police Station and that was investigated. According to the complainant, the act of the petitioner was done with an intention to insult the second respondent and to provoke him to commit an offence or breach of peace and thereby, she has committed the offence punishable under Section 504 of the Indian Penal Code. Annexure-II complaint was filed on 7.5.2010. The entire allegations are not sufficient to attract the offence under Section 504 of the Indian Penal Code and the Magistrate should not have taken cognizance of the case. It is only an abuse of the process of Court and the same is liable to be quashed, invoking the power under Section 482 of the Code. Hence the petition.

(3.) Heard the learned counsel for the petitioner, the second respondent and the learned Public Prosecutor.